PRINTER'S NO. 2321
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1854
Session of
2023
INTRODUCED BY SOLOMON, GUENST, HILL-EVANS, T. DAVIS, MUNROE,
BOROWSKI, MADDEN, McNEILL, GALLAGHER, SCHLOSSBERG, ZIMMERMAN,
VENKAT AND WEBSTER, NOVEMBER 15, 2023
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, NOVEMBER 15, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in 911 emergency communication
services, further providing for definitions, for
telecommunications management and for counties, providing for
addressing authorities and for next generation 911 call
delivery, further providing for 911 system plan, for fund,
for uniform 911 surcharge, for payment, collection and
remittance of surcharge by providers of 911 communications
services, for payment, collection and remittance of surcharge
by sellers of prepaid wireless telecommunications service,
for telephone records, for penalty, for immunity and for
shared residential MLTS service, repealing provisions
relating to business MLTS, to shared communications services,
to temporary residence and to local notification, further
providing for ALI database maintenance, repealing provisions
relating to dialing instructions and further providing for
MLTS signaling, for termination and for prohibited release of
information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "911 communications service,"
"911 service provider," "ALI," "ANI," "automatic location
information," "automatic number identification," "call,"
"emergency location identification number" or "ELIN," "private
911 emergency answering point," "shared residential MLTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
service," "shared telecommunications services" and "temporary
facility" in section 5302 of Title 35 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding definitions to read:
§ 5302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"911 communications service." As follows:
(1) A service that allows the two-way transmission,
conveyance or routing of voice, data, audio, video or any
information of signals, including cable and internet protocol
services, to a point or between or among points by or through
any electronic, radio, satellite, cable, optical, microwave
or other medium or method in existence on or after the
effective date of this definition, regardless of protocol
used for the transmission or conveyance, only if that service
is capable of contacting a PSAP by entering or dialing the
digits 911 [and is subject to applicable Federal or State
requirements to provide the 911 dialing capability] or
addressing the ESInet.
(2) The term does not include wireless and Internet-
protocol-enabled services that are exempt from Federal
Communications Commission regulations for 911 communications
service, 911 service and next generation 911 service.
"911 service provider." An entity that provides all or parts
of the network, software applications, databases, [CPE] CHE
components and operations and management procedures required to
support a 911 system.
20230HB1854PN2321 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
"Access line." The physical voice-grade telecommunications
connection or the cable or broadband transport facilities, or
any combination of these facilities owned, controlled or relied
upon by a 911 service provider between an end-user customer's
premises and a 911 service provider's network that, when the
digits 911 are dialed, provides the end-user customer access to
a PSAP through a permissible interconnection to the dedicated
911 network.
"Access line equivalent." In the case of multichannel
services or offerings, channelized by a service provider, each
individual channel or trunk provided to an end-user customer and
capable of supporting a voice call to 911 shall constitute a
separate access line or equivalent access line.
"Addressing authority." The entity responsible for assigning
an address to locations within a local government's geographical
area.
"Addressing the ESInet." A request for emergency service
made without physically dialing the digits "911".
* * *
["ALI." Automatic location information.
"ANI." Automatic number identification.
"Automatic location information."] "Automatic location
information" or "ALI." The delivery or receipt of location
information, including, but not limited to, the street address
or geographic location of a telecommunication device, as
specified in the FCC 911 Order, being used to communicate with a
911 system.
["Automatic number identification."] "Automatic number
identification" or "ANI." The delivery or receipt of a
20230HB1854PN2321 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
telephone number assigned to a telecommunication device being
used to communicate with a 911 system.
* * *
"Call." A [two-way communication established] request for
emergency assistance by any means or medium, including dialing
or texting 911 or addressing the ESInet using a 911
communications service.
* * *
"Call handling equipment." A functional element concerned
with the details of the management of calls that:
(1) Handles all communication from the caller.
(2) Includes the interfaces, devices, software and
applications utilized by the agents to handle the call.
* * *
"Dispatchable location." A location delivered to the PSAP
with a 911 call that consists of the validated street address of
the calling party and additional information such as suite,
apartment or similar information necessary to adequately
identify the location of the calling party, except for
commercial mobile radio service providers, which shall convey
the location information required by 47 CFR Pt. 9 Subpt. C
(relating to commercial mobile radio service).
["Emergency location identification number" or "ELIN." A
valid North American Numbering Plan format telephone number
assigned to a multiline telephone system operator by the
appropriate authority which is used to route the call to a
public safety answering point and is used to retrieve the
automatic location information for the public safety answering
point. The ELIN may be the same number as the automatic number
identification. The North American Numbering Plan number may in
20230HB1854PN2321 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
some cases not be a dialable number.]
* * *
"Emergency Services Internet Protocol network" or "ESInet."
A robust, redundant dedicated Internet Protocol-based private
network that serves as the foundation of next generation 911
services and is utilized to support the ingress, location,
routing and delivery of 911 calls, data and video to PSAPs.
* * *
"Geographic information systems" or "GIS." Computer-based
tools used in 911 services to identify geographic locations and
boundaries.
* * *
"Network operations center." A centralized location where
the performance and health of a network or system is
continuously monitored.
* * *
["Private 911 emergency answering point." An answering point
operated by a nonpublic safety entity which:
(1) Provides functional alternative and adequate means
of signaling and directing responses to emergencies as an
adjunct to public safety responses.
(2) Trains individuals intercepting calls for assistance
in accordance with applicable local emergency
telecommunications requirements.
(3) Provides incident reporting to the public safety
emergency response centers in accordance with State and local
requirements.]
* * *
"Regional 911 system." A PSAP that combines two or more
primary PSAPs into a single physically combined primary PSAP
20230HB1854PN2321 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with an integrated management structure that serves the same
population previously served by independent primary PSAPs.
* * *
"Security operations center." A centralized location where a
network or system are continuously monitored to prevent, detect,
investigate and respond to cyber threats.
* * *
["Shared residential MLTS service." The use of a multiline
telephone system to provide service to residential facilities
even if the service is not delineated for purposes of billing.
For purposes of this definition, residential facilities shall be
liberally construed to mean single family and multifamily
facilities.
"Shared telecommunications services." The provision of
telecommunications and information management services and
equipment within a user group located in discrete private
premises in building complexes, campuses or high-rise buildings
by a commercial shared services provider or by a user
association through privately owned subscriber premises
equipment and associated data processing and information
management services, including the provision of connections to
the facilities of a local exchange carrier and to interexchange
carriers.]
* * *
["Temporary facility." A dormitory, hotel, motel, health
care facility, long-term care facility, nursing home or other
facility as determined by the agency that provides temporary
occupancy to temporary residents and that is served by a
multiline telephone system.]
* * *
20230HB1854PN2321 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"VOIP service line." This term has the same meaning as
"access line."
* * *
Section 2. Section 5303(a)(12) and (c)(4) and (5) of Title
35 are amended and subsection (a) is amended by adding
paragraphs to read:
§ 5303. Telecommunications management.
(a) Powers and duties of agency.--The agency shall have the
following powers and duties:
* * *
(12) To require a [biennial] triennial performance audit
of each 911 system's use of money from the fund, including
allocations to capital or operating reserves.
* * *
(19) To procure industry standard next generation 911
call delivery services for all 911 systems.
(20) To establish joint purchasing agreements or other
contracts for the procurement of goods and services in
support of 911 service as identified in the State 911 Plan to
pursue cost and operational efficiencies.
(21) To provide education and outreach to addressing
authorities on next generation 911 addressing standards.
* * *
(c) Powers and duties of board.--The board shall have the
following powers and duties:
* * *
(4) To advise the agency on [plans to deploy] deployment
and implementation of next generation 911 technology in 911
systems in this Commonwealth.
(5) To promote [the] regional sharing and use of
20230HB1854PN2321 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
technology.
* * *
Section 3. Section 5304(a)(7) and (8)(i)(B) of Title 35 are
amended, paragraph (10) is amended by adding a subparagraph and
the subsection is amended by adding paragraphs to read:
§ 5304. Counties.
(a) Powers and duties.--Each county shall have the following
powers and duties in relation to a 911 system:
* * *
(7) To cooperate with the agency and board in the
preparation and submission of the 911 system plan.
(8) To cooperate with the Pennsylvania State Police.
Subject to subparagraphs (i) through (iii), a county that
utilizes ANI/ALI database services shall, upon request of the
Commissioner of the Pennsylvania State Police or the designee
of the commissioner, provide authority to access all ANI/ALI
database information relating to 911 calls for emergency
services, whether the database is held by the county or by a
commercial entity, following the established procedures of
the database owner. The following shall apply:
(i) In order to ensure that no county or PSAP
experiences degradation of service or additional costs as
a result of complying with this subsection:
* * *
(B) all means of access must be approved by the
county, PSAP, the agency and the Pennsylvania State
Police before the county is required to authorize or
provide the access. In the event of a dispute between
the Pennsylvania State Police and a county or PSAP
regarding approval by the county and PSAP, the
20230HB1854PN2321 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
dispute shall be mediated by the Office of
Information Technology of the Commonwealth's Office
of Administration. The Office of Information
Technology may bring in a Commonwealth mediator from
the Office of General Counsel to provide assistance
in resolving the dispute.
* * *
(10) To make reasonable efforts to ensure required
geographic information system (GIS) information is available
and maintained to support next generation 911 call delivery.
The following apply:
* * *
(i.1) Counties must develop, publish, maintain and
provide the required GIS layers that meet the
Pennsylvania NG911 GIS Data Model published by the
agency, including developing or cooperating with the
applicable addressing authorities to develop site and
structure address point data to support NG911 call
delivery.
* * *
(11) To utilize the next generation 911 call delivery
services procured by the agency and cooperate with the
agency, next generation 911 service provider and other
applicable entities to help identify the cause of next
generation 911 service impacting issues and responsibility
for resolution until those items are identified.
(12) To maintain compliance with cybersecurity standards
published by the agency.
Section 4. Title 35 is amended by adding sections to read:
§ 5304.2. Addressing authorities.
20230HB1854PN2321 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Each addressing authority in this Commonwealth shall have the
following powers and duties related to the 911 system:
(1) To issue new addresses in compliance with next
generation 911 standards.
(2) To provide new addresses to counties in a timely
manner to assist with provisioning new addresses into the
next generation 911 system and to assist first responders
with locating a site and structure. If an addressing
authority is unable to provide the county addresses in a
timely manner, the addressing authority shall consider
assigning the authority to assign addresses to the county.
The county and existing addressing authority shall develop
processes and agreements to assign and share address data.
(3) If a property is readdressed, the property shall be
assigned an address in compliance with NG911 standards.
§ 5304.3. Next generation 911 call delivery.
(a) NG911 service provider.--The NG911 service provider
shall maintain and secure the NG911 system according to industry
standards and provide NG911 call delivery services as defined in
a contract with the agency. The NG911 service provider shall
support and monitor the NG911 system 24 hours per day, 7 days
per week, 365 days per yer using a network operations center and
a security operations center to support the operations and
security of the NG911 system.
(b) Use of State ESInet.--The primary use of the State
ESInet shall be for NG911 call delivery services. Only public
safety agencies and their service providers and vendors may be
connected directly to the ESInet.
(c) Support of ancillary services.--The State ESInet shall
be designed to also support ancillary services related to public
20230HB1854PN2321 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
safety. NG911 service enhancements for ancillary services shall
be requested, evaluated, planned and coordinated using the
methods and procedures defined by the agency to promote
operating and enhancing the NG911 system in a planned,
coordinated and financially sustainable manner.
Section 5. Sections 5305, 5306.1(c)(1)(iii), (e), (f) and
(h) and 5306.2(a) introductory paragraph of Title 35 are amended
to read:
§ 5305. 911 system plan.
(a) Minimum standards.--Upon the agreement of a county to
establish a 911 system as a regional or single county PSAP, a
plan shall be adopted that meets at least the standards
promulgated by the agency. The county may obtain technical
assistance from the agency in formulating its plan. Each 911
system plan shall be designed to meet the individual
circumstances of each community and public agency participating
in the 911 system. The plan shall consider efficiencies to be
achieved from regionalization and consolidation and [may] shall
include consideration of and implementation plans for next
generation 911 technology.
(b) Board review.--
(1) The board [shall] may review each 911 system plan
for completeness and may recommend the approval or
disapproval of the plan to the agency.
(2) If the 911 system plan is recommended for
disapproval by the board, the agency shall explain the
deficiencies that caused the recommendation and may return
the plan.
(c) Regional systems.--Nothing in this chapter shall be
construed to prohibit the formation of multijurisdictional or
20230HB1854PN2321 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
regional 911 systems.
Section 6. Section 5306.1(c)(1)(iii), (e), (f) and (h) of
Title 35 are amended and subsection (d) is amended by adding a
paragraph to read:
§ 5306.1. Fund.
* * *
(c) Use.--
(1) The money in the fund shall be used only for
reasonably necessary costs that enhance, operate or maintain
a 911 system in this Commonwealth in accordance with the
Statewide 911 plan established by the agency. For the
purposes of this paragraph, reasonably necessary costs shall
be determined by the agency, in consultation with the board,
consistent with the following:
* * *
[(iii) Notwithstanding any guidelines provided by
the agency, use of the fund by a 911 system or the agency
to establish, enhance, operate or maintain Statewide
interconnectivity of 911 systems or to establish a
capital or operating reserve consistent with a 911 system
plan shall be deemed reasonably necessary.]
* * *
(e) Distribution formula considerations.--
(1) The distribution formula established by the agency
under subsection (d) shall fairly and proportionately reflect
911 system needs.
[(2) The initial distribution formula shall be
established and implemented by the agency, in consultation
with the board, no later than 18 months following the
effective date of this section.
20230HB1854PN2321 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) The distribution formula shall be reviewed every two
years and may be adjusted annually.
(4) In developing and evaluating the distribution
formula, the agency, in consultation with the board, shall
consider and may include the following factors that permit
the formula to reflect 911 system needs:
(i) Base level costs common to all 911 systems.
(ii) Population and population density.
(iii) Call volume, including definition of what
constitutes a call as published by the agency.
(iv) Extenuating factors such as topography,
concentrated exposure such as transit or industrial
facilities, or cyclical exposures such as high-attendance
public events.
(5) In development of the distribution formula, the
agency, in consultation with the board, shall consider the
911 system's average reported allowable 911 system costs for
the five years immediately preceding the effective date of
this section.
(6) Notwithstanding the provisions of paragraph (5),
the] (7) The distribution formula shall be reviewed at the
discretion of the board but no more than once within a four-
year period. The board shall establish goals and objectives
prior to a formula review and may recommend factors to
consider during a formula review.
(8) The total annual disbursement from the fund to any
one 911 system may not exceed the actual annual costs to
enhance, operate or maintain that 911 system in accordance
with the Statewide 911 system plan. Actual costs may include
amortization or depreciation of allowable capital costs of
20230HB1854PN2321 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the 911 system as determined using generally accepted
accounting principles and approved plan allocations to
capital and operating reserves, if approved by the agency.
[(f) Interim distribution formula.--Commencing on the
effective date of this subsection, until the board develops and
the agency implements a distribution formula under subsection
(e), the money available under subsection (d)(1) and (3) shall
be distributed to each 911 system as follows:
(1) A share equivalent to 106% times the respective 911
system's average of local exchange telephone carriers
surcharge collections under section 5305 (relating to 911
system plan) for the five years immediately preceding the
effective date of this section.
(2) A share equivalent to 106% times the respective 911
system's average of VoIP provider's surcharge collections
under section 5307 for the five years immediately preceding
the effective date of this section.
(3) The remaining amount distributed to each 911 system
shall be based on the ratio that its average reported
allowable 911 system costs for the five years immediately
preceding the effective date of this paragraph bear to the
average reported allowable 911 system costs for all 911
systems for the five years immediately preceding the
effective date of this paragraph.]
* * *
[(h) County or city action required.--A county or city of
the third class shall not be eligible to receive funds under
this section unless the governing body of the county or city
adopts a resolution or ordinance authorizing acceptance of the
funds. The county or city shall provide public notice of the
20230HB1854PN2321 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
intent to adopt the resolution or ordinance. A copy of the
resolution or ordinance shall be provided to the agency.]
* * *
§ 5306.2. Uniform 911 surcharge.
(a) Surcharge imposed.--Each subscriber or consumer shall
pay a surcharge of [$1.65] $1.97 for each 911 communications
service or prepaid wireless device for which that subscriber or
consumer is billed by a provider or seller as provided for under
this chapter. The surcharge shall be collected apart from and in
addition to a fee levied by the provider or seller, in whole or
in part, for the provision of 911 services. The surcharge shall
be subject to the following:
* * *
Section 6. Section 5307(b)(7) of Title 35 is amended and the
section is amended by adding subsections to read:
§ 5307. Payment, collection and remittance of surcharge by
providers of 911 communications services.
* * *
(a.1) Department of Revenue.--The Department of Revenue
shall:
(1) Request information and require audits or reports
relating to program compliance from any entity remitting the
surcharge to the fund.
(2) Execute an agreement with the agency to memorialize
their respective duties and responsibilities in support of
audits or reports relating to program compliance.
(b) Multiline telephone systems.--In the case of Centrex or
similar multiline telephone system subscribers, except PBX
subscribers, the following multipliers shall be applied to
determine the rate of the surcharge for each subscriber:
20230HB1854PN2321 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(7) Each VoIP provider shall collect the uniform 911
surcharge for the number of VoIP service lines, Session
Initiation Protocol (SIP) access lines or access line
equivalents for which the VoIP provider has enabled the
capacity for simultaneous outbound calls regardless of actual
usage.
* * *
(b.1) Certain service providers.--A service provider using
one or more facilities with multiple calling capabilities to
serve a single end-user customer location within this
Commonwealth that either cannot determine the actual number of
local exchange access lines or equivalent local exchange access
lines being served by such facilities, or if the access lines
are not within this Commonwealth, shall assess the surcharge
under this section.
* * *
Section 7. Section 5307.1(a)(10) of Title 35 is amended to
read:
§ 5307.1. Payment, collection and remittance of surcharge by
sellers of prepaid wireless telecommunications
service.
(a) Surcharge.--The following apply:
* * *
(10) Each seller that remits the surcharge shall certify
the accuracy of the remittance annually using the procedures
and forms provided by the [agency] department.
* * *
Section 8. Section 5309(a) of Title 35 is amended and the
section is amended by adding a subsection to read:
20230HB1854PN2321 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 5309. Telephone records.
[(a) Access.--A telephone service supplier shall provide
customer telephone numbers, names and service addresses to PSAPs
when requested by them for use in responding to 911 calls and
for the synchronization of required geographic information
system (GIS) database layers for geospatial call routing with
the master street address guide, the ALI data and site and
structure locations and, when required, to providers of
emergency notification services and emergency support services,
solely for the purposes of delivering or assisting in the
delivery of emergency notification services and emergency
support services. A wireless provider shall provide the
telephone number and geographical location of the wireless
device, as required under the FCC E-911 Order, to PSAPs when
requested by them for use in responding to 911 calls. Customer
telephone numbers, names and service addresses, and telephone
numbers and geographical locations of wireless devices, shall
remain the property of the disclosing service supplier. The
total cost of the 911 system shall include expenses to reimburse
telephone service suppliers for providing and maintaining 911
information. A telephone service supplier shall not be
reimbursed directly from the fund for providing and maintaining
911 information. This information shall be used only in
providing emergency response services to a 911 call,
synchronizing master street address guide, ALI and GIS data sets
or for purposes of delivering or assisting in the delivery of
emergency notification services or emergency support services. A
person who uses or discloses ANI/ALI database information for
purposes other than providing emergency response services to a
911 call, delivering or assisting in the delivery of emergency
20230HB1854PN2321 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
notification services commits a misdemeanor of the third
degree.]
(a.1) Access.--
(1) A 911 service provider with the ability to originate
a 911 call shall provide customer telephone numbers, names,
service addresses and geolocation information, where
applicable, according to Federal regulations to PSAPs for use
in responding to 911 calls.
(2) 911 service providers shall synchronize their
customer 911 information with the PSAPs' GIS database layers
used for geospatial call routing or with the master street
address guide, whichever is applicable, at the time. If a 911
service provider's service location does not match the PSAPs'
GIS data for address validation, the 911 service provider
must provide the PSAP and appropriate addressing authority
any known information about the service location .
(3) A wireless provider shall provide the telephone
number and geographical location of the wireless device, as
required under the FCC E-911 Order, 47 CFR (relating to
telecommunication) and any other applicable Federal law, to
PSAPs for use in responding to 911 calls. Customer telephone
numbers, names and service addresses and geographical
locations of wireless devices shall remain the property of
the disclosing wireless provider.
(4) Wireless provider ALI data shall be provided to the
PSAPs' selected 911 service provider for purposes of 911 call
routing and delivery along with ALI delivery. ALI may be
provided directly to the 911 service provider via routine
uploads or via a third-party database provider interfaced
with the 911 service providers' ALI database. ALI data shall
20230HB1854PN2321 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
be maintained by the wireless provider and made available to
the 911 service provider as required to ensure accurate ALI
information is provided to the PSAP.
(5) ALI data shall be provided to 911 service providers
and emergency support services, solely for the purposes of
delivering or assisting in the delivery of emergency
notification services and emergency support services.
(6) The total cost of the 911 system shall include
expenses to reimburse telephone service suppliers for
providing and maintaining 911 information.
(7) A telephone service supplier shall not be reimbursed
directly from the fund for providing and maintaining 911
information. This information shall be used only in providing
emergency response services to a 911 call, synchronizing
master street address guide, ALI and GIS data sets or for
purposes of delivering or assisting in the delivery of
emergency notification services or emergency support
services. A person who uses or discloses ANI and ALI database
information for purposes other than providing emergency
response services to a 911 call, delivering or assisting in
the delivery of emergency notification services, commits a
misdemeanor of the third degree.
* * *
Section 9. Sections 5310(a), 5311.1(a) and (c)(2) and
5311.15 of Title 35 are amended to read:
§ 5310. Penalty.
(a) Communications with 911 systems.--A person who
intentionally [calls] contacts the 911 emergency number for
other than emergency purposes commits a misdemeanor of the
[third] second degree. A second offense under this subsection
20230HB1854PN2321 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
constitutes a misdemeanor of the first degree. A third or
subsequent offense under this subsection constitutes a felony of
the third degree.
* * *
§ 5311.1. Immunity.
(a) Local government.--A 911 system [or a wireless E-911
system] run by county and local governments shall be a local
agency which shall enjoy local governmental immunity as provided
under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against
local parties).
* * *
(c) Applicability.--The immunity under subsection (b) shall
apply to the following:
* * *
(2) The release to the Federal Communications
Commission, the [public utility commission] Pennsylvania
Public Utility Commission, the board or any Federal or
Commonwealth agency with the authority to regulate the
provision of telecommunications services of telephone company
information specified in this section that is not already
part of public records, including information regarding the
number of liens served by an individual company, except for
nonpublic information regarding the company's individual
customer names, addresses and telephone numbers.
* * *
§ 5311.15. [Shared residential MLTS service.
Operators of shared residential MLTS serving residential
customers shall ensure that a telecommunications system, at
least six months after the effective date of this section, is
connected to the public switched telephone network such that
20230HB1854PN2321 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
calls to 911 result in one distinctive ANI and ALI for each
living unit.] MLTS service.
A person engaged in the business of installing, managing or
operating multiline telephone systems in this Commonwealth shall
meet the requirements provided in 47 CFR 9.15 (relating to
applicability), 9.16 (relating to general obligations-direct 911
dialing, notification, and dispatchable location) and 9.17
(relating to enforcement, compliance date, State law) and any
other applicable Federal law. The requirements apply to any
multiline telephone system that is manufactured, imported,
offered for first sale or lease, first sold or leased or
installed after February 16, 2020. The agency shall create a
mechanism for members of the public to report violations of this
section and shall forward reports the agency receives to the
appropriate Federal authorities.
Section 10. Sections 5311.16, 5311.17, 5311.18 and 5311.19
of Title 35 are repealed:
[§ 5311.16. Business MLTS.
(a) General rule.--For an MLTS serving business locations at
least six months after the effective date of this section, the
MLTS operator shall deliver the 911 call with an ELIN which
shall result in one of the following:
(1) An ERL which provides, at a minimum, the building
and floor location of a caller.
(2) An ability to direct response through an alternative
and adequate means of signaling by the establishment of a
private 911 emergency answering point.
(b) Reasonable effort.--The MLTS manager must make a
reasonable effort to ensure that 911 callers are aware of the
proper procedures for calling for emergency assistance.
20230HB1854PN2321 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(c) Exceptions.--Workspaces with less than 7,000 square feet
on a single level, and located on a single contiguous property,
are not required to provide more than one ERL, and key telephone
systems are not required to provide more than one ERL.
§ 5311.17. Shared communications services.
Providers of shared communications services installed at
least six months after the effective date of this section shall
assure that the MLTS is connected to the public switched
telephone network such that calls to 911 from any telephone
result in ALI for each respective ERL of each entity sharing the
telecommunications services.
§ 5311.18. Temporary residence.
Businesses providing MLTS service to a temporary residence
shall permit the dialing of 911, and the MLTS operator shall
ensure that the MLTS is connected to the public switched
telephone network. If PBX or other private switch ALI records
are not provided for each individual station, the MLTS operator
of the temporary residence shall provide specific location
information for the caller to the PSAP.
§ 5311.19. Local notification.
In addition to any other requirement of this chapter,
applicable to its type of MLTS service, an MLTS operator:
(1) Shall implement local notifications if operating an
MLTS service installed after the effective date of this
section.
(2) May implement local notification if operating an
MLTS service installed before the effective date of this
section.]
Section 11. Section 5311.20 of Title 35 is amended to read:
§ 5311.20. ALI database maintenance.
20230HB1854PN2321 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
If applicable, MLTS operators must arrange to update the ALI
database with an appropriate master street address guide valid
address and call-back information for each MLTS telephone, such
that the location information specifies the [ERL] dispatchable
location of the caller. These updates must be downloaded or
otherwise made available to the ALI database provider as soon as
practicable for a new MLTS installation, or within one business
day of record completion of the actual changes for MLTS
installed before the effective date of this section. The
information is subject to all Federal and State privacy and
confidentiality laws. The MLTS operator shall audit accuracy of
information contained in the ALI database at least once
annually.
Section 12. Section 5311.22 of Title 35 is repealed:
[§ 5311.22. Dialing instructions.
An owner or operator of a multiline telephone system
installed after the effective date of this section shall ensure
that the system is connected to the public switched telephone
network in such a manner that when a user dials 911, the
emergency call connects directly to the appropriate 911 system:
(1) without first dialing any numbers or set of numbers;
and
(2) without being intercepted by a switchboard operator,
attendant or other designated onsite individual.]
Section 13. Sections 5311.23, 5398 and 5399 of Title 35 are
amended to read:
§ 5311.23. MLTS signaling.
An MLTS shall support 911 calling by using any generally
accepted industry standard signaling protocol designed to
produce an automatic display of caller information on the video
20230HB1854PN2321 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
terminal of the PSAP call taker unless the MLTS operator is
exempt [or a waiver has been granted] due to an MLTS that was
installed prior to February 16, 2020.
§ 5398. Termination.
This chapter shall expire January 31, [2024] 2029.
§ 5399. Prohibited release of information.
(a) Prohibition.--Notwithstanding any other law, in a
response to a request under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, a PSAP may not release
individual identifying information of an individual [calling]
contacting a 911 center, victim or witness. Information
includes, but is not limited to, voice, video and data provided
through the use of next generation 911 technology or other forms
of communication.
(b) Applicability.--This section shall not apply if the PSAP
or a court determines that the public interest in disclosure
outweighs the interest in nondisclosure.
(c) Definition.--As used in this section, the term
"identifying information" includes, but is not limited to, name,
telephone number [and], home address[.], voice, appearance or
other data provided in 911 communications service that can be
used to identify an individual. The term does not include:
(1) The location of the incident, unless the location is
the caller's, victim's or witness's home address or the
disclosure of the location would compromise the identity of
the caller, victim or witness.
(2) The street block identifier, the cross street or the
mile marker nearest the scene of the incident, which shall be
public.
Section 14. This act shall take effect as follows:
20230HB1854PN2321 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) The addition of 35 Pa.C.S. § 5304.2 shall take
effect in 180 days.
(2) The amendment of 35 Pa.C.S. § 5306.2(a) shall take
effect in 60 days.
(3) The remainder of this act shall take effect
immediately.
20230HB1854PN2321 - 25 -
1
2
3
4
5
6